Lt.-Gen. Steven Whelan was overcome with emotion on Monday morning as military prosecutors dropped the final charge against him just as his defence lawyer was about to cross-examine the complainant in the case. Whelan had pleaded not guilty to one count of conduct to the prejudice of good order and discipline for altering a performance report in 2011. The military alleged that Whelan changed the report to give a higher score to the complainant, a woman who was under his command at the time, in order to prevent her from reporting flirtatious emails he had sent her before they started working together.
Whelan has faced these accusations for two years, causing significant personal and financial strain, according to his defence lawyer, Phillip Millar. Millar believes that the allegations were false and motivated by financial interests. He expressed disappointment that they were unable to present the truth and address the claims that have haunted Whelan since the 2021 leak that sparked the investigation.
In October 2021, Whelan was removed from his position as head of military personnel after media reports disclosed that he was under investigation by military police. Since then, he has been on paid leave and has been included in the list of top generals who faced sanctions for allegations of sexual misconduct.
In January 2022, Whelan was charged with two counts of conduct to the prejudice of good order and discipline. The first charge, related to an inappropriate relationship with a subordinate, was dropped at the beginning of the court martial. On Monday morning, prosecutors requested the withdrawal of the remaining charge based on an assessment of the evidence.
During the trial, the military judge, Cmdr. Martin Pelletier, ruled that the emails central to the case could not be admitted as evidence for the prosecution. He determined that if the defence challenged the credibility of the complainant during cross-examination, the emails could be used to rehabilitate her during re-examination. Pelletier’s decision acknowledged that the contents of the emails are highly embarrassing personally and professionally to Whelan, and they are currently subject to a publication ban.
Millar announced that his client intends to file a civil suit against the federal government and anyone involved in the destruction of Whelan’s career without fulfilling their duty to conduct a proper investigation. Prosecutors declined to comment on the case.